Q & A Session – Overtime vs. Compensatory Time


Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience.


I was told that when under continuing resolution status, we are unable to get overtime and must accept compensatory time instead. Is this correct?


It may be legal depending on your circumstances. Some employees whose basic rate of pay exceeds that of a GS-10, Step 10 can be required to take compensatory time in place of overtime pay. Many agencies continue to offer overtime pay for employees above that rate, but it is discretionary and likely to be reviewed or changed when operating under a continuing resolution. This regulation can be found in Title 5 of the Code of Federal Regulations, Part 550.114 (c).


Bill Bransford is managing partner of Shaw, Bransford & Roth, PC.

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